Legal Question in Criminal Law in Missouri

My Son has a warrant out for his arrest that he was unaware of due to the fact his lawyer told him it was never filed. It was a misdemeanor drug possession. This was back in April of 2001. I found out about it by googling a family name & Told him about it. The question is , Can this warrant still be active or is there Statute 0f limitations


Asked on 7/19/10, 5:46 am

2 Answers from Attorneys

Anthony Smith LawSmith

The statute of limitations has to do with the arrest and prosecution. If it has been nine years since the arrest warrant was issued, there are many charges that your Son may not be tried for now. There may be some crimes for which he could be, or reasons why the limitation period woudl be tolled (suspended). He should find out exactly waht the warrant was for, and perhaps hire an attorney to see of the warrant can get quashed or recalled.

Good luck

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Answered on 7/19/10, 12:45 pm
Diane Denniston Diane Denniston, Attorney at Law-

When the warrant is issued, time stops on the charges. Even if he left the state and did not come back for 20 years, the warrant could still be active. If this was a misdemeanor (as opposed to an ordinance violation) charge, the State of Missouri (through the county) is bringing charges. You may want to look at www.courts.mo.gov/casenet to get more details about your son's case. (Most cities are not on casenet.)

In the meantime, your son should be very careful about whom he hangs out with. The cops will ask for the ID's for all parties in an automobile stop. If he gets arrested and posts bond, he will not be illegible for the public defender...

Get an attorney! The cost will be worth it. There are too many things that you don't know...

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Answered on 7/19/10, 2:31 pm


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